The Sixteenth Amendment to the United States Constitution enshrines Congress’s “power to lay and collect taxes on incomes, from whatever source derived.” Challenges to the exercise of that power have typically turned on whether the thing being taxed is “income” or not. In the most recent example, the 2024 Supreme Court case of Moore v. United States, taxpayers argued that
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AI Outputs Are Not Protected Speech
AI safety laws are coming. Researchers, advocates, and the White House agree. Rapidly advancing generative AI technology has immense potential, but it also raises new and serious dangers—deadly bioterrorism, crippling cyberattacks, panoptic discrimination, and more. Regulations designed to effectively mitigate these risks must, by technical necessity, include limits on what AIs are allowed to “say.” But, according to an
FDA Leads, States Must Follow
Courts have long deferred to the FDA’s scientific expertise, particularly on matters of drug safety and effectiveness. But now, in the aftermath of the U.S. Supreme Court’s unraveling of deference to administrative agencies, coupled with its relegation of abortion to elected officials, the FDA faces a ratcheting up of two distinct types of legal challenges: (1) direct challenges to FDA
Criminal Recordkeeping
Business managers must create and keep records for decision-making. Yet doing so presents an obvious problem for those who manage illegal businesses: their records would make for powerful evidence in the hands of prosecutors. That problem raises a question—why would one knowingly create and keep such records when their mere existence risks detection and sanction? The answer, in short
Standing Orders: A Survey of Individual Judges’ Regulation of Practice in All Future Cases Before Them
Federal district courts, after notice-and-comment process, can issue local rules to govern practice and procedure in all cases in a judicial district. An individual district judge can also regulate practice in cases assigned to that judge. Sometimes, a judge-specific regulation of practice issues for a particular case only. But a judge can also adopt a “standing” regulation of practice—one
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